jojo1961

I am in a minefield here, can someone help me, I am looking to go to LA for a 3week holiday and would like to travel under the ESTA, I have a criminal conviction for theft dating back to 2006, I pleaded guilty and received 100hrs community service, and was made to repay back what I stole...I am 51 yrs old and this has been my one and only conviction, do I declare it under the moral turptitude question as I wasn't imprisoned, I really don't understand all the jargon that is posted on sites while looking for information.

ian-mstm

You have a conviction for theft. Theft is a CIMT. You are not eligible for ESTA. You'll need a B-2 visa.


The quesiton doesn't ask whether or not you were imprisoned. It asks whether or not you were arrested or convicted of a CIMT. You were, ergo, you aren't eligible for ESTA.

Ian

jojo1961

ok thank you, will make enquires

jojo1961

it also mentions about spending time in prison which I didn't do

Duncan Roberts

The questions are all "or" based, not "and" based. If one is no you still have to apply the answers to the others. If you really want to find out what your best option is, get with an immigration lawyer and have them go over all the paperwork regarding your crime.

Awesome Welles

...and then, of course, you could do what most people in your situation do - and say nothing, don't mention it in the ESTA and breeze-in to the US without a care.
I'm not advocating dishonesty, you understand - just stating the reality.

ian-mstm

Respectfully, you can't pick and choose which parts of the question apply and which don't! They all apply.

Ian

AmerLisa

The OP would really be in a minefield if they did that...

lansbury

When I worked at Heathrow part of my job was meeting people who had been deported from, or refused entry to, other countries.

The breeze-in to the US without a care part was not 100% successful.

materialcontroller

Let's say this clearly before we go any further. Forget about ESTA for the rest of your life. It is illegal under US immigration law for you not to declare the CIMT; but if you do declare it, any ESTA will be denied. Therefore you're not going to the USA (legally at any rate) using the VWP.

First step for you is to apply for an ACPO certificate. Then collect together any other supporting documentation you may need (such as court records detailing your conviction and evidence of your work/home/financial situation in your country of residence).

You will need to apply for a B2 visa through the US embassy. It will almost certainly also be denied beacuse of the CIMT and you will need to be recommended for a waiver of ineligibility.

The process is slow and expensive. Based on recent experiences documented on this forum, I'd estimate that if you start your application right now, today, you might have permission to travel to the USA by August or September.

materialcontroller

An immigration lawyer would be a total waste of time and money in this case. Theft is a CIMT. The OP needs to apply for a visa. End of story.

Awesome Welles

I didn't say it was 100% successful. I didn't recommend it either. I merely stated a fact (and it is most definitely a fact). Most people with mild to moderate CIMT's don't mention them and never have issues when utilizing ESTA. Personally I'd far prefer that we could screen out every single degenerate scumball and refuse them access to this land of milk and honey, but it is neither practical or logistically achievable.